A cautionary note: obstruction of justice and the general counsel *

USA - December 2 2010
Recent criminal obstruction charges lodged against in-house counsel signal a shifting enforcement climate that focuses specifically on individual responsibility for alleged illegal actions on behalf of a corporation.

Co-authors: Peter B. Allport, Michael W. Peregrine.

---

The Supreme Court of the United States reins in the government’s use of the honest services fraud statute *

USA - July 1 2010
On June 24, 2010, the Supreme Court of the United States issued decisions in three cases challenging the constitutionality and proper scope of the federal “honest services fraud” statute, 18 U.S.C. § 1346.

Co-authors: Paul M. Thompson, Abbe D. Lowell, Jeffrey W. Mikoni.

---

New compliance plan effectiveness guidelines *

USA - May 3 2010
The board's compliance committee should consider amending the existing corporate compliance plan to accommodate the new guidelines, and to make related changes in other key officer-to-board reporting relationships.

Co-authors: Michael W. Peregrine.

---

Health care reform: law imposes requirement to report and return Medicare and Medicaid overpayments within 60 days *

USA - April 28 2010
New requirements contained in the health care reform legislation increase the pressure on health care providers, suppliers, Medicare Advantage and Part D Plan sponsors, and others to return identified Medicare and Medicaid overpayments in a timely fashion, at risk of being alleged to have violated the False Claims Act.

Co-authors: Peter M. Schutzel, Daniel H. Melvin, Joan Polacheck, Ankur J. Goel, Eric B. Gordon, M.D..

---

Health care reform legislation expands False Claims Act, whistleblower cases expected to increase *

USA - March 31 2010
Despite their inclusion in a health care statute, these FCA amendments are not limited to qui tam cases involving federal health care programs.

Co-authors: Peter M. Schutzel.

---